HomeMy Public PortalAboutAgreement_2023-10-17 10/17/2024_Goodale Architecture Planning_Las Tunas Drive Streetscape Update Project_DESIGN PROFESSIONAL SERVICES AGREEMENT
Design Assistance for Las Tunas Drive Streetscape Update
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
GOODALE ARCHITECTURE PLANNING,
a sole proprietor
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17th October 23
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Design Professional agrees to perform the services set
forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of
this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the
schedule specified in Exhibit "A." Should the Services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default of this Agreement. The City,
in its sole discretion, may choose not to enforce the Default provisions of this Agreement
and may instead allow Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be compensated for any work rendered in connection.
with its performance of this Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Design Professional the amounts specified in Exhibit "B" "Compensation" and made a
part of this Agreement by this reference. The total compensation, including
reimbursement for actual expenses, shall not exceed Twenty -Four Thousand Nine
Hundred and Ninety -Nine Dollars ($24,999), unless additional compensation is approved
in writing in accordance with Section 26 "Administration and Implementation" or Section
28 "Amendment" of this Agreement.
(b) Each month Design Professional shall furnish to City an original invoice for
all work performed and expenses incurred during the preceding month. The invoice shall
detail charges by the following categories: labor (by sub -category), travel, materials,
equipment, supplies, and subcontractor contracts. Sub -consultant charges shall be
detailed by the following categories: labor, travel, materials, equipment and supplies. If
the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on
an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor
category in each invoice shall include detailed descriptions of task performed and the
amount of time incurred for or allocated to that task. City shall independently review each
invoice submitted by the Design Professional to determine whether the work performed
and expenses incurred are in compliance with the provisions of this Agreement. In the
event that no charges or expenses are disputed, the invoice shall be approved and paid
according to the terms set forth in subsection (c). In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Design Professional
for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by
Design Professional which are disputed by City, City will use its best efforts to cause
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Design Professional to be paid within forty-five (45) days of receipt of Design
Professional's correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Design
Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Design Professional's work within sixty (60) days after submitted to City. City shall
reject work by a timely written explanation, otherwise Design Professional's work shall be
deemed to have been accepted. City's acceptance shall be conclusive as to such work
except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Design Professional's work by City shall not constitute a waiver of
any of the provisions of this Agreement including, but not limited to, Section 16
"Indemnification" and Section 17 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Design Professional in the course of providing the Services pursuant to
this Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Design Professional. Upon
completion, expiration or termination of this Agreement, Design Professional shall turn
over to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement
any maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents prepared, developed or discovered by
Design Professional in the course of providing the Services pursuant to this Agreement,
Design Professional's guarantees and warranties in Section 9 "Standard of Performance"
of this Agreement shall not extend to such use of the maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records
demonstrating or relating to Design Professional's performance of the Services. Design
Professional shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work, services,
expenditures and disbursements charged to City pursuant to this Agreement. Any and
all such documents or records shall be maintained in accordance with generally accepted
accounting principles and shall be sufficiently complete and detailed so as to permit an
accurate evaluation of the services provided by Design Professional pursuant to this
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Agreement. Any and all such documents or records shall be maintained for three (3)
years from the date of execution of this Agreement and to the extent required by laws
relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies of
such documents or records shall be provided directly to the City for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed
upon, such documents and records shall be made available at Design Professional's
address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Design Professional's business, City may, by written request,
require that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors -in -interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Design Professional shall have
no authority to bind City in any manner, nor to incur any obligation, debt or liability of any
kind on behalf of or against City, whether by contract or otherwise, unless such authority
is expressly conferred under this Agreement or is otherwise expressly conferred in writing
by City.
(b) The personnel performing the Services under this Agreement on behalf of
Design Professional shall at all times be under Design Professional's exclusive direction
and control. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall have control over the conduct of Design Professional
or any of Design Professional's officers, employees, or agents except as set forth in this
Agreement. Design Professional shall not at any time or in any manner represent that
Design Professional or any of Design Professional's officers, employees, or agents are in
any manner officials, officers, employees or agents of City.
(c) Neither Design Professional, nor any of Design Professional's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to City's employees. Design Professional expressly
waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Design Professional represents and warrants that it has the qualifications,
experience and facilities necessary to properly perform the Services required under this
Agreement in a thorough, competent and professional manner. Design Professional shall
at all times faithfully, competently and to the best of its ability, experience and talent,
perform all Services. In meeting its obligations under this Agreement, Design
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Professional shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing services similar to the Services required of
Design Professional under this Agreement, and shall use such skill, prudence, and
diligence as other members of Design Professional's profession commonly possess and
exercise. In addition to the general standards of performance set forth this section,
additional specific standards of performance and performance criteria may be set forth in
Exhibit "A" "Scope of Work" that shall also be applicable to Design Professionals work
under this Agreement. Where there is a conflict between a general and a specific
standard of performance or performance criteria, the specific standard or criteria shall
prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Design Professional shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Design Professional shall obtain any and all licenses,
permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents
of City, shall be liable, at law or in equity, as a result of any failure of Design Professional
to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing
wage laws do not apply to this Agreement because the Agreement does not involve any
of the following services subject to prevailing wage rates pursuant to the California Labor
Code or regulations promulgated thereunder: Construction, alteration, demolition,
installation, or repair work performed on public buildings, facilities, streets or sewers done
under contract and paid for in whole or in part out of public funds. In this context,
"construction" includes work performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the
basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap,
medical condition or marital status in connection with or related to the performance of this
Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Design Professional hereby promises and agrees to comply with all of the
provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Design Professional so employ such unauthorized aliens for the
performance of the Services, and should the any liability or sanctions be imposed against
City for such use of unauthorized aliens, Design Professional hereby agrees to and shall
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reimburse City for the cost of all such liabilities or sanctions imposed, together with any
and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of
its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Design Professional's
performance of the Services. Design Professional further covenants that in the
performance of this Agreement, no person having any such interest shall be employed by
it as an officer, employee, agent or subcontractor without the express written consent of
the City Manager. Design Professional agrees to at all times avoid conflicts of interest or
the appearance of any conflicts of interest with the interests of City in the performance of
this Agreement.
(b) City understands and acknowledges that Design Professional is, as of the
date of execution of this Agreement, independently involved in the performance of non -
related services for other governmental agencies and private parties. Design
Professional is unaware of any stated position of City relative to such projects. Any future
position of City on such projects shall not be considered a conflict of interest for purposes
of this section.
(c) City understands and acknowledges that Design Professional will, perform
non -related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Design Professional in
performance of this Agreement shall be considered confidential, unless such information
is in the public domain or already known to Design Professional. Design Professional
shall not release or disclose any such information or work product to persons or entities
other than City without prior written authorization from the City Manager, except as may
be required by law.
(b) Design Professional, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the City Manager or unless requested by the
City Attorney of City, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work
performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Design Professional gives City notice of such court order
or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of
Design Professional, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Design
Professional for any damages, costs and fees, including attorneys fees, caused by or
incurred as a result of Design Professional's conduct.
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(d) Design Professional shall promptly notify City should Design Professional ,
its officers, employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. City retains the right, but
has no obligation, to represent Design Professional or be present at any deposition,
hearing or similar proceeding. Design Professional agrees to cooperate fully with City
and to provide City with the opportunity to review any response to discovery requests
provided by Design Professional. However, this right to review any such response does
not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code
Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all claims. actions and proceedings (whether at law or equity,
administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs
and expenses, including attorney's fees and costs, (collectively "Claims") to the extent
same arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Design Professional, its officers, agents, employees or subcontractors
(or any entity or individual that Design Professional shall bear the legal liability thereof) in
the performance of professional services under this Agreement, with the understanding
that in the event Claims are found by the trier of fact to have been caused by the joint or
concurrent negligence of the City and its contractors and Design Professionals, and
Design Professional, damages and expenses from both indemnity and duty to defend
obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Sub -Consultants. Design Professional agrees to
obtain executed indemnity agreements with provisions identical to those set forth here in
this section from each and every sub -consultant / contract or any other person or entity
involved by, for, with or on behalf of Design Professional in the performance of this
Agreement naming the Indemnified Parties as additional indemnitees. In the event
Design Professional fails to obtain such indemnity obligations from others as required
here, Design Professional agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns or heirs of Design Professional and shall survive the termination of
this Agreement or this section.
(c) City's Negligence. The provisions of this section do not apply to Claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of City
or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
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Design Professional agrees to obtain and maintain in full force and effect during
the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by City
as to form and content. These requirements are subject to amendment or waiver if so
approved in writing by the City Manager. Design Professional agrees to provide City with
copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations
for this Agreement. City has an interest in the qualifications and capability of the persons
and entities who will fulfill the duties and obligations imposed upon Design Professional
under this Agreement. In recognition of that interest, Design Professional shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any of
Design Professional's duties or obligations under this Agreement without the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and
shall constitute a material breach of this Agreement entitling City to any and all remedies
at law or in equity, including termination of this Agreement pursuant to Section 20
"Termination of Agreement." City acknowledges, however, that Design Professional, in
the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability
and continuity of Design Professional's staff and subcontractors, if any, assigned to
perform the Services. Design Professional shall notify City of any changes in Design
Professional's staff and subcontractors, if any, assigned to perform the Services prior to
and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Design Professional. In the event
such notice is given, Design Professional shall cease immediately all work in progress.
(b) Design Professional may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Design Professional or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Design Professional,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Design Professional or City,
all property belonging exclusively to City which is in Design Professional's possession
shall be returned to City. Design Professional shall furnish to City a final invoice for work
performed and expenses incurred by Design Professional, prepared as set forth in
Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice
shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation
and Method of Payment" of this Agreement.
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SECTION 21. DEFAULT.
In the event that Design Professional is in default under the terms of this
Agreement, the City shall not have any obligation or duty to continue compensating
Design Professional for any work performed after the date of default. Instead, the City
may give notice to Design Professional of the default and the reasons for the default. The
notice shall include the timeframe in which Design Professional may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Design Professional is
in default, the City shall hold all invoices and shall, when the default is cured, proceed
with payment on the invoices. In the alternative, the City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during the period of default. If Design
Professional does not cure the default, the City may take necessary steps to terminate
this Agreement under Section 20 "Termination of Agreement." Any failure on the part of
the City to give notice of the Design Professional's default shall not be deemed to result
in a waiver of the City's legal rights or any rights arising out of any provision of this
Agreement.
SECTION 22. EXCUSABLE DELAYS.
Design Professional shall not be liable for damages, including liquidated damages,
if any, caused by delay in performance or failure to perform due to causes beyond the
control of Design Professional. Such causes include, but are not limited to, acts of God,
acts of the public enemy, acts of federal, state or local governments, acts of City, court
orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The
term and price of this Agreement shall be equitably adjusted for any delays due to such
causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the Services
shall be furnished to Design Professional in every reasonable way to facilitate, without
undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by certified mail, postage prepaid and
return receipt requested, addressed as follows:
To City:
City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Design Professional: Goodale Architecture Planning
Attn: David Goodale
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773 S Marengo Ave #2
Pasadena, CA 91106
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Design Professional to the performance of its obligations
hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or
her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 "Amendment" and the City Manager's
contracting authority under the Temple City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Design Professional and by the City. The City Manager shall
have the authority to approve any amendment to this Agreement if the total compensation
under this Agreement, as amended, would not exceed the City Manager's contracting
authority under the Temple City Municipal Code. All other amendments shall be approved
by the City Council. The Parties agree that the requirement for written modifications
cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver
by any Party of any breach of the provisions of this Agreement shall not constitute a
waiver of any other provision nor a waiver of any subsequent breach or violation of any
provision of this Agreement. Acceptance by City of any work or services by Design
Professional shall not constitute a waiver of any of the provisions of this Agreement.
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SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Los Angeles, California. In the event
of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of
California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether oral
or written, or entered into between Design Professional and City prior to the execution of
this Agreement. No statements, representations or other agreements, whether oral or
written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by reference
into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date and year first -above written.
CITY OF TEMPLE CITY
Bryan Cook, City Manager
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Signature
Title: `I''r.Its31.kle-
ATTEST:
Peggy Kuo, City Clerk
CONSULTANT/CONTRACTOR:
APPROVED AS TO FORM:
Greg Murphy, City Attorney
Signature
Print Name: cA\ir r Print Name:
Title:
NOTE: DESIGN PROFESSIONAL'S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Pe A A Pe
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Los Angeles
On 0 G he- C , 2-0-43 before me,
personally appeared
Peggy Kuo, Notary Public
(Insert Name of Notary Public and Title)
PEGGY KUO
Nola^/ Public • California L Cos Angeles County
Commission It 2432880 -
My Comm. Empires Dec 30, 2026
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WITNESS my h nd and official seal.
Signature
OPTIONAL
(Si nature of Notary Public)
Though the information is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title of Type of Document P`'S)9 Pi mss'tx40 5 �
Document Date: 0 • i y Z3
Signer(s) Other Than Named Above:
if/ /4
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner ❑ Limited Cl General
❑ Attorney in Fact
El Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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Number of Pages
Signer's Name:
Individual
❑ Corporate Officer - Title(s):
❑ Partner ❑ Limited ❑ General
Cl Attorney in Fact
❑ Trustee
Guardian or Conservator
El Other:
Signer is Representing:
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A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 20 , before me,
Date
personally appeared
Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Title(s)
Partner(s)
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Limited
General
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signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 20 , before me,
Date Name And Title Of Officer (e.g. "Jane Doe, Notary Public")
personally appeared
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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Signature of Notary Public
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
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EXHIBIT "A"
SCOPE OF SERVICES
I. Design Professional will perform the following Services:
Service Provider will provide design consultation services related to the update of the Las
Tunas Drive streetscape. Services will include presentation or presentations to the City
Council, preparation of PowerPoint presentations, design advice on streetscape
materials, and possibly preparation or advice on preparing guidelines on the awning and
blade signs.
See Exhibit "D" for additional information.
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EXHIBIT "B"
COMPENSATION
I. Design Professional shall use the following rates of pay in the performance of
the Services:
The City will compensate the Service Provider for the services performed upon
submission of a valid invoice. Each invoice is to include:
a. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
b. Line items for all supplies properly charged to the Services.
c. Line items for all travel properly charged to the Services.
d. Line items for all equipment properly charged to the Services.
e. Line items for all materials properly charged to the Services.
f. Line items for all subcontractor labor, supplies, equipment, materials, and travel
properly charged to the Services.
The total compensation for the Services shall not exceed $24,999 as provided in
Section 4 of this Agreement.
See Exhibit "D" for hourly rates.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Design Professional shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the Services by Design Professional, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII. Design Professional shall provide the
following scope and limits of insurance:
1. Minimum Scope of Insurance. Design Professional shall maintain
professional liability insurance appropriate to the Design Professional's profession. This
coverage may be written on a "claims made" basis, and must include coverage for
contractual liability. The professional liability insurance required by this Agreement must
be endorsed to be applicable to claims based upon, arising out of or related to Services
performed under this Agreement. The insurance must be maintained for at least three
(3) consecutive years following the completion of Design Professional's services
or the termination of this Agreement. During this additional three (3) year period,
Design Professional shall annually and upon request of the City submit written
evidence of this continuous coverage.
2. Minimum Limits of Insurance. Design Professional shall maintain
limits of professional liability insurance no less than $1,000,000 per occurrence.
B. Other Provisions. Each insurance policy required by this Agreement shall
be endorsed and state the coverage shall not be suspended, voided, cancelled by the
insurer or either Party to this Agreement, reduced in coverage or in limits except after 30
days' prior written notice by certified mail, return receipt requested, has been given to
City.
C. Other Requirements. Design Professional agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been complied with. The City
Attorney may require that Design Professional furnish City with copies of original
endorsements effecting coverage required by this Exhibit "C". The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. City reserves the right to inspect complete, certified copies of all required
insurance policies, at any time.
1. Design Professional shall furnish certificates and endorsements from
each subcontractor identical to those Design Professional provides.
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2. Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self -insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers or the Design Professional shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Design Professional's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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EXHIBIT "D"
City Hall
9701 Las Tunas Drive
Temple City, California 91780
Attn:
Scott Reimers
Community Development Director
GDDUALE
ARCHITECTURE
P LA N N I N H September 12, 2023
Subject: Fee Proposal
Las Tunas Improvements
Dear Scott,
This follows our meeting on September 11, 2023 regarding improvements
to Las Tunas Boulevard.
Understanding that scope will be more precisely defined following the
September 19 City Council Meeting and further discussion, the following
proposes that our studio provides services on an hourly and per -meeting
basis pending further development.
Proposed Fees:
Meetings at City Hall:
Principal Hourly Rate:
Architectural Support Rate:
Lump sum of $500.
$240 / hour
$160 / hour
Initial tasks shall include preparation of powerpoint for the City Council
meeting, a Zoom preview with the City, and the September 19 meeting,
with a projected not -to -exceed initial total of $2,500.
Succeeding tasks based on the rates above will be agreed upon in advance
with not -to -exceed limits defined per task.
If you find this acceptable, please sign below and return a copy.
Thank you and regards,
David Goodale AIA City of Temple City
773 5 MAREN60 AVE #2 ARCHITECT AIA LEER AP 626 379-B15B
PASADENA CA 91106 BAVIO@6000ALEARCH.CBM WWW.6000ALEARCH.COM